Glass v. Hill et al

Filing 26

ORDER directing Plaintiff to complete a Form USM-285 that provides additional information to allow the USMS to serve defendant by October 6, 2020. If Plaintiff fails to do so, the undersigned will recommend Cunningham be dismissed. (Specific Document due by 10/6/2020.) Signed by Magistrate Judge Shiva V. Hodges on 9/22/2020. (lbak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Walter Glass,
Plaintiff,
vs.
Jasmine Hill; Officer Cunningham;
Tyatta Davis; and Wali Khan,
Defendants.

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C/A No.: 1:20-1972-SAL-SVH

ORDER

Walter Glass (“Plaintiff”), proceeding pro se and in forma pauperis,
filed an complaint alleging defendants violated his constitutional rights.
[ECF No. 1]. By order dated June 8, 2020, service of process of the complaint
was authorized. [ECF No. 12]. On August 17, 2020, the summons for
defendant Cunningham was returned unexecuted. [ECF No. 18]. In the
“Remarks” section of the Forms USM-285, the United States Marshals
Service (“USMS”) indicated the South Carolina Department of Corrections
Office of General Counsel could not accept service on behalf of this defendant
and stated “more than one defendant.” Id.
Plaintiff was previously warned: “Plaintiff must provide, and is
responsible for, information sufficient to identify defendants on the Forms
USM-285. The United States Marshal cannot serve an inadequately
identified defendant. Unserved defendants may be dismissed as parties to

this case if not served within the time limit governed by Rule 4(m) and this
order.” [ECF No. 12 at 2]. Plaintiff is directed to complete by October 6, 2020,
a Form USM-285 that provides additional information to allow the USMS to
serve defendant. If Plaintiff fails to do so, the undersigned will recommend
Cunningham be dismissed.
IT IS SO ORDERED.

September 22, 2020
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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